Statistik Blog

Polygamy – Pt 10

1- Islamic Law does not allow something whose evil outweighs its good

The claim that polygamy has caused social and familial corruption and detriment is an open fallacy; Islamic Law cannot permit something which will do harm; likewise, it does not forbid something of benefit. This is expressed in the Qur’an in the most eloquent and comprehensive phrases with the description of the Messenger (blessings and peace be upon him), and addressing the people of the Book (i.e., the Jews and Christians). “He commands them for Al-Ma’ruf (i.e. islamic Monotheism and all that Islam has ordained); and forbids them from Al-Munkar (i.e.disbelief polytheism of all kinds, and all that Islam has forbidden); he allows them as lawful At-Tayyibat [(all i.e. good and lawful) as regards things deeds, beliefs, persons, foods etc] , and prohibits them as unlawful Al-Khabaith (all i.e. evil and unlawful as regards things, deeds, beliefs, persons, foods etc.), he releases them from their heavy burdens (of Allah’s Covenant), and from the fetters (bindings) that were upon them. [Surah 7: 157] All that is permitted by Islamic Law has pure benefit or benefits which outweigh harm. All that is forbidden by Islamic Law must have pure harm or the harms must outweigh the benefits. This is clear in what is said in the Qur’an about alcohol and gambling: Say, “In them is great sin, and (some) benefit for men, but the sin of them is greater than their benefit”. [Surah 7:219] This is also what Islamic Law has provided for in polygamy, as it balances interests and corrupting matters, benefits and harms. It permits what the individual needs and is able to do as long as he is sure of his fairness, and is not afraid of being unjust or having a greater inclination towards one of them: “but if you fear that you shall not be able to deal justly (with them), then only one”. [Surah 4:3] It may be in the interest of the first wife to be the sole one on the throne of marriage without any rivals, and she sees that she will be harmed by the presence of another wife; but it is also in the interest of the husband to marry another to protect him from illicit relationships or bring him an awaited-for child, etc.; moreover it may also be in the interest of the second wife to have someone take care of her. To have half a husband, to live under his protection and be in his charge may be better than living as a spinster, widow or divorcee, in deprivation. It is also in the interest of society to protect its men and women by legitimate marriage-in which each of them bears the responsibility for himself or herself and the spouse and for what Allah may give them of children-that is, instead of promiscuity, allowing the multiplicity of mistresses, which is immoral and inhuman, and in which each has the pleasure of a companion without any responsibility for what follows, even if a child is born of that illicit relationship. In turn, the child is then considered a wild plant without a father to belong to, or a family to give him love and compassion or a heredity to cherish. Which harms should be avoided then? On the other hand, Islamic Law has reserved the first wife’s right to equity between herself and the second wife concerning maintenance, housing, clothing and staying at her place. That is the equity put as a condition for polygamy. It is true that some husbands do not observe the justice commanded by Allah, but the misapplication does not mean the basic principle should be cancelled; otherwise the whole of Islamic Law and all other laws would be abolished. Adherence of the law should be enforced.